[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Notices]
[Pages 57905-57906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21826]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Request for Public Comments on Commercial Availability Petition 
under the United States - Caribbean Basin Trade Partnership Act (CBTPA)

September 24, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Request for public comments concerning a petition for a 
determination that certain woven, 100 percent cotton, double-napped 
flannel fabric cannot be supplied by the domestic industry in 
commercial quantities in a timely manner under the CBTPA.

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SUMMARY: On September 23, 2004, the Chairman of CITA received a 
petition from Sandler, Travis & Rosenberg, P.A., on behalf of Picacho, 
S.A., alleging that certain woven, 100 percent cotton, double-napped 
flannel fabric, of the specifications detailed below, classified in 
subheading 5209.31.60.50 of the Harmonized Tariff Schedule of the 
United States (HTSUS), cannot be supplied by the domestic industry in 
commercial quantities in a timely manner. The petition requests that 
shirts, trousers, nightwear, robes, dressing gowns and woven underwear 
of such fabrics assembled in one or more CBTPA beneficiary countries be 
eligible for preferential treatment under the CBTPA. CITA hereby 
solicits public comments on this petition, in particular with regard to 
whether these fabrics can be supplied by the domestic industry in 
commercial quantities in a timely manner. Comments must be submitted by 
October 13, 2004 to the Chairman, Committee for the Implementation of 
Textile Agreements, Room 3001, United States Department of Commerce, 
14th and Constitution, N.W., Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION:

    Authority: Section 213(b)(2)(A)(v)(II) of the CBERA, as added by 
Section 211(a) of the CBTPA; Section 6 of Executive Order No. 13191 
of January 17, 2001.

Background:

    The CBTPA provides for quota- and duty-free treatment for 
qualifying textile and apparel products. Such treatment is generally 
limited to products manufactured from yarns or fabrics formed in the 
United States. The CBTPA also provides for quota- and duty-free 
treatment for apparel articles that are both cut (or knit-to-shape) and 
sewn or otherwise assembled in one or more CBTPA beneficiary countries 
from fabric or yarn that is not formed in the United States, if it has 
been determined that such fabric or yarn cannot be supplied by the 
domestic industry in commercial quantities in a timely manner. In 
Executive Order No. 13191, the President delegated to CITA the 
authority to determine whether yarns or fabrics cannot be supplied by 
the domestic industry in commercial quantities in a timely manner under 
the CBTPA and directed CITA to establish procedures to ensure 
appropriate public participation in any such determination. On March 6, 
2001, CITA published procedures that it will follow in considering 
requests. (66 FR 13502).
    On September 23, 2004, the Chairman of CITA received a petition on 
behalf of Picacho, S.A., alleging that certain woven, 100 percent 
cotton, double-napped flannel fabric, of the specifications detailed 
below, classified HTSUS subheading 5209.31.60.50, cannot be supplied by 
the domestic industry in commercial quantities in a timely manner and 
requesting quota- and duty-free treatment under the CBTPA for certain 
apparel articles that are cut and sewn in one or more CBTPA beneficiary 
countries from such fabrics.

Specifications:

Petitioner Style No:            2897A
Fiber Content:                  100% Cotton
Weight:                         203 g/m2
Width:                          150 centimeters
Thread Count:                   21 warp ends per centimeter; 18 filling
                                 picks per centimeter; total: 39 threads
                                 per square centimeter
Yarn Number:                    Warp: 40.6 metric, ring spun; filling:
                                 13.54 metric, open end spun; overall
                                 average yarn number: 19.2 metric
Finish:                         (Piece) dyed; napped on both sides,
                                 sanforized
 

    The petitioner emphasizes that the fabrics must be napped on both 
sides, that the yarn sizes and thread count, and consequently, the 
weight of the fabrics must be as nearly exact as possible as sepcified. 
The warp yarns must be ring spun and the filling yarns must be open end 
spun.
    CITA is soliciting public comments regarding this request, 
particularly with respect to whether these fabrics can be supplied by 
the domestic industry in commercial quantities in a timely manner. Also 
relevant is whether other fabrics that are supplied by the domestic 
industry in commercial quantities in a timely manner are substitutable 
for the fabric for purposes of the intended use. Comments must be 
received no later than October 13, 2004. Interested persons are invited 
to submit six copies of such comments or information to the Chairman, 
Committee for the Implementation of Textile Agreements, room 3100, U.S. 
Department of Commerce, 14th and Constitution Avenue, N.W., Washington, 
DC 20230.
    If a comment alleges that these fabrics can be supplied by the 
domestic industry in commercial quantities in a timely manner, CITA 
will closely

[[Page 57906]]

review any supporting documentation, such as a signed statement by a 
manufacturer of the fabric stating that it produces the fabric that is 
the subject of the request, including the quantities that can be 
supplied and the time necessary to fill an order, as well as any 
relevant information regarding past production.
    CITA will protect any business confidential information that is 
marked ``business confidential'' from disclosure to the full extent 
permitted by law. CITA will make available to the public non-
confidential versions of the request and non-confidential versions of 
any public comments received with respect to a request in room 3100 in 
the Herbert Hoover Building, 14th and Constitution Avenue, N.W., 
Washington, DC 20230. Persons submitting comments on a request are 
encouraged to include a non-confidential version and a non-confidential 
summary.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.04-21826 Filed 9-24-04; 2:09 pm]
BILLING CODE 3510-DR-S